LEGAL AND ETHICAL CHALLENGES OF APPLYING ARTIFICIAL INTELLIGENCE IN THE EDUCATIONAL PROCESS OF HIGHER EDUCATION INSTITUTIONS

Abstract

Introduction. Artificial intelligence (hereinafter referred to as AI) in higher education institutions (hereinafter referred to as HEIs) opens up new opportunities for improving the efficiency of the educational process, personalizing learning, automating assessment and analytics.

Summary of the main results of the study. Artificial intelligence is currently receiving very active attention. In particular, electronic learning platforms are being studied as a means of professional development of specialists; the use of AI in education in general, when obtaining a certain specialty (law, psychology, philology, mathematics, history, translation, journalism, etc.) or within the framework of studying individual disciplines; how artificial intelligence affects human creative abilities; problems of international legal regulation of the use of AI; the relationship between academic integrity and AI; the use of AI technologies in scientific activities; AI in sports, medicine, pharmacy, during intellectual competitions, when drawing up legal documents, curricula; ethical problems of the use of AI: international experience, etc. Currently, Ukraine lacks clear national standards for the use of AI in education, which complicates its lawful and safe application.

Thus, in 2025, the Ministry of Education and Science of Ukraine and the Ministry of Digital Transformation of Ukraine, together with other specialists, developed recommendations for the responsible use of AI in higher education.

After all, the use of AI in higher education is aimed primarily at preparing for classes and extracurricular activities; supporting inclusion, since AI resources are able to convey information to applicants with hearing or speech impairments; creating tests, automated checking of applicants' work; automated preparation of documents, information analysis and making management decisions; improving qualifications through online courses or other educational initiatives, searching for information for self-development, etc.

The role of a teacher in the education system is undeniable. With the advent of AI, there has obviously been a concern that over time AI may replace the classic teacher - a person. Indeed, the role of the teacher is being transformed by AI, as many processes become automated, but AI can create teaching materials in different languages, personalize content to the level of students, and implement adaptive learning. In such a situation, the teacher will be able to focus more deeply on the development of critical thinking, mentoring, and participation in more complex and creative tasks.

It is obvious that AI technologies are not easy to use, but now there are tools that simplify access to AI for people with different levels of user training, thanks to which these technologies become more intuitive and accessible.

Regarding the observance of academic integrity when using AI, as of now this issue does not yet have a regulated mechanism and depends more on the personal integrity of the user, and therefore in some cases the use of AI in educational and scientific activities by teachers and higher education students of all levels may have signs of academic dishonesty.

In addition, one of the key legal challenges in the era of AI is ensuring the protection of personal data of students and teachers.

The issue of ownership of content created with the help of AI also raises serious discussions. Another complex aspect is the issue of legal liability for erroneous decisions or recommendations of AI.

The use of AI in higher education not only opens up broad prospects for improving the quality of educational activities and management processes, but also creates a number of risks in the areas of intellectual property, information security, confidentiality and personal data protection, which require thorough analysis, assessment and proper management.

The relevance of the outlined topic is due to the fact that the use of AI in education makes it possible to introduce innovative approaches to teaching and learning that meet modern challenges and demands of society, contribute to improving the reputation of educational institutions, their ability to adapt to global technological changes, however, despite the significant potential for increasing the efficiency of the educational process, it gives rise to a number of complex legal and ethical problems.

Conclusions. The use of AI in higher education opens up great opportunities, but at the same time poses a number of legal and ethical challenges. Given the above, it should be summarized: artificial intelligence has become an integral element of modern higher education; Ukraine lacks comprehensive national standards for the use of AI in education, which creates legal uncertainty; AI does not replace traditional education, but transforms it, shifting the emphasis from reproductive acquisition of knowledge to the development of practical skills, etc.; The use of AI has significant advantages, including personalization of educational trajectories, increasing the efficiency of the educational process, etc.; in parallel with the advantages of AI, there are a significant number of risks, in particular, dependence on technology, a decrease in the level of independence and critical thinking of students, etc.; the problem of academic integrity remains one of the most acute; the legal regulation of copyright for content created by AI remains complex and debatable; the protection of personal data and privacy is a key condition for the legitimate use of AI in higher education; the safe implementation of AI requires a systemic approach; the ethical and responsible use of AI in higher education should be based on European ethical principles; further effective integration of AI in higher education is impossible without the development of digital and AI competencies of teachers, students and management personnel.